Deck 3: Court Organization

Question 1

State laws generally provide that the lawsuit must be brought in the county where the plaintiff resides.

Answer 1

True

Question 2

DEFINE
trial de novo

Answer 2

A new trial unencumbered by the first trial on all issues, unless the court specifies that the new trial is limited to specific issues.

Question 3

To promote efficiency, one state may obtain jurisdiction over another state in either a federal court or in its own courts.

Answer 3

False

Question 4

To directly challenge the court's jurisdiction over his or her person, the defendant must:

A) raise the issue in the answer.
B) raise the issue by motion.
C) personally appear in court to make the challenge.
D) (a) or (b).
E) all of the above.

Question 5

The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.

Question 6

DEFINE
original jurisdiction

Question 7

DEFINE
original jurisdiction

Question 8

As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.

Question 9

In what federal circuit is your federal district court located?

Question 10

The federal judicial system will:

A) hear and decide civil lawsuits that arise under the United States Constitu- tion, federal laws, and treaties.
B) adjudicate cases between two or more states.
C) adjudicate all cases between a citizen of one state and the citizen of another state.
D) (a) and (b).
E) all of the above.

Question 11

An appellate court will not "second guess" the trial court's resolution of disputed fact issues if there is some evidence to support the trial court's conclusion.

Question 12

What is the difference between venue and jurisdiction?

Question 13

Municipal and county courts are courts of record, and therefore are courts of general jurisdiction.

Question 14

DEFINE
venue

Question 15

State legislatures may change the structure and functions of state courts through legislation.

Question 16

When may subject matter jurisdiction be challenged?

A) only in the defendant's answer to the complaint.
B) only in a motion before the court.
C) only in an appeal.
D) at any time, even after entry of judgment.

Question 17

Stated briefly, what are the two functions of the trial court?

Question 18

In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties' citizenship at the time of the occurrence (accident) that gave rise to the action.

Question 19

DEFINE
personal jurisdiction

Question 20

A foreign corporation will not necessarily be subject to personal jurisdiction:

A) in the state to which the plaintiff moves after the injury, unless the corporation happens to do business in the state to which the plaintiff moved.
B) in states in which it conducts its business at the time of service.
C) in states in which its activities or products have caused an injury.
D) in the state where it has its principal place of business.

Question 21

May courts that have "general jurisdiction" handle cases outside their territo- rial limits?

Question 22

How may the defendant challenge the court's jurisdiction in a civil action?

Question 23

What does it mean that a court is a court of record?

Question 24

May the legislature abridge a court's authority to interpret and apply statutes of the state?

Question 25

Does a party have a right to appeal to the United States Supreme Court? If so, under what conditions? If not, why not?

Question 26

Why is a court's jurisdiction limited to the geographical area of the govern- ment that created it?

Question 27

If a party loses a case in a federal district court, to what court may that party appeal?

Question 28

In what federal circuit is your federal district court located?

Question 29

Why do small claims courts discourage lawyers from appearing in cases in their courts?